Seeing TransCanada‘s sordid experience with Keystone XL in action, Enbridge decided that a year into the expansion permitting project, it would do what environmental groups have coined a “switcheroo.”

That is, they dreamt up the idea to add pump stations on each side of the border to two different pipelines (in name only, but part of the same pipeline system) — Line 3 and Alberta Clipper, respectively — and avoid having to go through the conventional State Department presidential permit process for border-crossing projects.

Alberta Clipper is one piece of the broader Enbridge-owned multi-part pipeline system that DeSmog has called the “Keystone XL Clone,” which does what TransCanada’s Keystone Pipeline System does: shuttle diluted bitumen (“dilbit”) from Alberta down to U.S. Gulf coast refineries and in part to the global export market.

Ruling, Reaction

Judge Davis’ legal ruling rested on an interesting legal theory, the same one brought forward by Enbridge and the State Department. That is, even though the State Department signed off on the scheme, it was not an “agency action” and therefore NEPA was not in play.

Citing a mountain of legal cases in which this precedent has held, Davis wrote that “the overwhelming authority supports a finding that the State Department’s actions in this case are Presidential in nature, and thus not subject to judicial review.”

Environmental groups who brought this case to court say an appeal is on the table, though for now they are weighing all of their options.

“While the courts and the State Department sidestep their responsibility to protect our communities, Minnesotans are standing up and resisting Enbridge’s schemes in ever-increasing numbers,” Andy Pearson of Minnesota’s branch of 350.org said in a press release.

“From 5,000 people marching in St. Paul this summer to last month’s occupation of an Enbridge office in Duluth, the movement on the ground against this pipeline invasion is growing by the day. We’re disappointed that the courts didn’t step in today, but will continue to fight this expansion and will not be deterred.”

Sandpiper Pipeline

The Alberta Clipper ruling is not the only big legal decision concerning Enbridge as of late.